Today in History

1853 NZ Constitution Act comes into force

The New Zealand Constitution Act (UK) of 1852, which established a system of representative government for New Zealand, was declared operative by Governor Sir George Grey.

The legislation created six provinces, with their own elected superintendents and provincial councils. At the national level, a General Assembly was established, consisting of a Legislative Council appointed by the Crown and a House of Representatives elected every five years by males over the age of 21 who owned, leased or rented property of a certain value – by British standards this was a modest property qualification that could be expected to enfranchise the majority of the settler population.

New Zealand settlers had been demanding a say in government since the 1840s. In response, in 1846 the British Parliament had passed the first New Zealand Constitution Act. This proposed a highly complicated three-tiered system of government for the colony, with elected municipal corporations, provincial assemblies, and a general assembly consisting of a nominated Legislative Council and House of Representatives chosen by and from the members of the provincial bodies. But Governor George Grey suspended its introduction, claiming that the settler population of 13,000 could not be trusted to pass measures that would protect the interests of the 100,000-plus Maori. This, he feared, would lead to conflict. In 1848 legislation was passed to delay for five years those parts of the Constitution Act relating to provincial and general assemblies.

Grey was a driving force behind the new Constitution Act of 1852. The legislation gave the Governor considerable power to determine the details of electoral administration: the timing of elections, the drawing of electoral boundaries, the process for registering voters and rules for 'the orderly, effective, and impartial conduct' of voting. On 5 March 1853 Grey issued a lengthy proclamation outlining the boundaries of the 24 electoral districts, which were to return 37 general and 87 provincial members, and setting out the regulations for registration and voting.

The first general election was held between July and October 1853. But Grey was criticised for calling the provincial councils to meet before the General Assembly, giving the former a five-month headstart on central government. Some believed this entrenched provincialism in New Zealand politics. When Grey left the colony for South Africa on 31 December he had still not called the General Assembly; it would not meet until 24 May 1854, more than 16 months after the Constitution Act came into force.